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1 - 10 of 40 (0.48 seconds)Section 34 in The Trade Marks Act, 1999 [Entire Act]
Section 28 in The Trade Marks Act, 1999 [Entire Act]
The Drugs And Cosmetics Act, 1940
Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
In Cadila
Health Care Ltd. v. Cadila Pharmaceuticals Ltd.,27 the Supreme Court laid
down specific factors for determining deceptive similarity, and held that the
nature, character, and performance of the rival goods is a relevant
consideration. The Court underscored that, even in passing off, the similarity
of the products and the context in which they are marketed remain important
indicators of whether the defendant's use of a mark is likely to cause
confusion or lead to deception.